What to do if an oral conract states that I would inherit the land owned by my father, however in his Will it is not directly stated?
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What to do if an oral conract states that I would inherit the land owned by my father, however in his Will it is not directly stated?
My father recently passed. My sister is executor of his Will. It was previously known to no less than 5
people that I was to stay on the land that he owned. However, now I am being forced out by my sister and brothers because it is not directly stated in his Will. Durring the reading, I was told that it was an empty promise, although I have witnesses who know that I am to have the land. Do I have a leg to stand on?
Asked on December 30, 2018 under Estate Planning, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you do not have a legal leg to stand on, unfortunately. An oral promise or even contract has no power over what happens to property after someone passes away: only a properly signed and witnessed written will controls the distribution and inheritance of assets. Oral contracts or promises have no effect.
Therefore, the property will be distributed according to the will. If real estate is going to more than one person (i.e. more than one heir), that typically involves selling it and distributing the money, since money can be divided much easier than land. Any heir who wants the land would have to buy it for its full market value; and anyone living on it can be forced to leave to facilitate the sale. You have to buy them out because they are entitled to their money from the real estate: you don't have the power or right to make them not inherit.
If you father had wanted you to be able to live/stay on the land, he should have put that into his will.
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